Not later than thirty (30) calendar days following the date of mailing to the franchisee of the decision by the board of directors, the franchisee shall be authorized to appeal the decision or any portion thereof to arbitration by filing a written notice of appeal with the clerk of the board of directors. The notice of the appeal shall specifically identify the determination or determinations from which the appeal is taken, the grounds therefor, and shall be accompanied by a fee equal to the estimate by the clerk of the cost of preparing the transcript and record of the hearing or hearings. In the event the franchisee fails to file the notice of appeal within the time and in compliance with the requirements prescribed above, the determinations by the board of directors shall become final, binding, conclusive and not subject to review or reversal by any authority. Judicial enforcement of such determinations may be sought.
The questions which may be submitted to the arbitration panel and jurisdiction of the panel shall be limited to a decision as to whether the findings of fact by the board are supported by substantial evidence in the record and whether the conclusions by the board are consistent with the provisions of the franchise documents as interpreted by the arbitration panel. The powers of the arbitration panel shall be limited to a conclusion as to whether the decision by the board of directors from which appeal is taken should be affirmed, or reversed and remanded to the board for further determination, and interpretation of the provisions of the franchise documents solely in relation to review of the decision by the board of directors.
The hearing by the arbitration panel shall not be a trial de novo, and the sole function of the panel shall be to review the record of the hearing preceding the decision by the board of directors to decide whether there was substantial evidence in the light of the whole record to support the findings and to interpret the franchise documents in relation to the decision by the board of directors. No new evidence shall be introduced, received or considered by the arbitration panel; provided that where the panel finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing preceding the arbitration, the panel may remand the matter to the board of directors to be reconsidered in light of such evidence. The determinations by the board of directors shall be sustained by the arbitration panel if it finds that there is substantial evidence in the record to sustain the determinations, and that the conclusions are consistent with the provisions of the franchise documents. The panel shall not substitute its discretion for that of the board with respect to the determinations made by the board, or reweigh or otherwise judge the credibility of the evidence presented during the hearing preceding the board's decision. If the panel decides that the determinations by the board violate the provisions of the franchise documents it shall remand the matter to the board for further determinations, reserving jurisdiction to review the determinations. Objections by the franchisee to the determinations by the board which were not presented during the hearing preceding the board's decision shall be deemed to have been waived.
The decision by the board of directors as affirmed by an arbitration award, may be judicially enforced, shall be final, binding and conclusive upon the parties, and shall not be subject to judicial review or vacation except on grounds set forth in Section 1286.2 of the Code of Civil Procedure to the extent such grounds are consistent with the express terms of this chapter. (Prior code § 20.05.444)